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Decree Of 8 October 2002 On The Allocation Of Cases Between The Administrative Sections Of The Council Of State

Original Language Title: Arrêté du 8 octobre 2002 portant répartition des affaires entre les sections administratives du Conseil d'Etat

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Summary

Repeal of the Order of 22-07-1997.

Keywords

JUSTICE , CONSEIL D'ETAT , ORGANISATION , FONCTIONNEMENT , REPARTITION DES AFFAIRES , SECTION ADMINISTRATIVE , SECTION OF THE INTERIOR , SECTION OF FINANCE , SECTION OF PUBLIC WORK , SOCIAL SECTION , COMPETENCE


JORF n°238 of 11 October 2002 page 16802
text No. 6



Decree of 8 October 2002 on the division of affairs between the administrative sections of the Council of State

NOR: JUSA0200425A ELI: https://www.legifrance.gouv.fr/eli/arrete/2002/10/8/JUSA0200425A/jo/texte


Prime Minister and Seal Guard, Minister of Justice,
Having regard to the Administrative Justice Code, including its article R. 123-3;
Having regard to Decree No. 2002-893 of 15 May 2002 on the powers of the Minister of Economy, Finance and Industry;
Considering Decree No. 2002-895 of 15 May 2002 on the powers of the Minister of Ecology and Sustainable Development;
Having regard to Decree No. 2002-897 of 15 May 2002 on the powers of the Minister of Agriculture, Food, Fisheries and Rural Affairs;
In view of Decree No. 2002-898 of 15 May 2002 on the powers of the Minister of Culture and Communication;
Having regard to Decree No. 2002-899 of 15 May 2002 on the powers of the Minister of Public Service, State Reform and Land Management;
In view of Decree No. 2000-900 of 15 May 2002 on the powers of the Overseas Minister;
Having regard to Decree No. 2002-901 of 15 May 2002 on the powers of the Minister of Sports;
Having regard to the decree of 17 June 2002 appointing the Prime Minister;
Having regard to the decree of 17 June 2002 on the composition of the Government;
In view of Decree No. 2002-947 of 3 July 2002 on the delegated powers to the Secretary of State for Relations with Parliament, spokesperson for the Government;
In view of Decree No. 2002-948 of 3 July 2002 on the powers delegated to the Secretary of State for the real estate programmes of justice;
In view of Decree No. 2002-949 of 3 July 2002 on the functions delegated to the Secretary of State for Foreign Affairs;
Having regard to Decree No. 2002-950 of 3 July 2002 on delegated powers to the Minister for European Affairs;
Having regard to Decree No. 2002-951 of 3 July 2002 on delegated powers to the Minister for Cooperation and Francophonie;
In view of Decree No. 2002-952 of 3 July 2002 on delegated responsibilities to the Minister for Budget and Budget Reform;
In view of Decree No. 2002-953 of 3 July 2002 on delegated powers to the Minister for Foreign Trade;
Having regard to Decree No. 2002-954 of 3 July 2002 on the powers delegated to the Secretary of State for State Reform;
Having regard to Decree No. 2002-956 of 4 July 2002 on the powers of the Minister of Interior, Internal Security and Local Freedoms;
Having regard to Decree No. 2002-957 of 4 July 2002 on delegated powers to the Minister for Local Freedoms;
In view of Decree No. 2002-958 of 4 July 2002 on the powers delegated to the Secretary of State for Veterans Affairs;
Considering Decree No. 2002-959 of 4 July 2002 on the powers of the Minister of Youth, National Education and Research;
Having regard to Decree No. 2002-966 of 9 July 2002 on delegated powers to the Minister for Industry;
In view of Decree No. 2002-968 of 9 July 2002 on the functions delegated to the Secretary of State for Sustainable Development;
In view of Decree No. 2002-971 of 10 July 2002 on the powers delegated to the Secretary of State for small and medium-sized enterprises, trade, crafts, liberal professions and consumption;
Having regard to Decree No. 2002-973 of 11 July 2002 on delegated powers to the Minister for Education;
In view of Decree No. 2002-976 of 12 July 2002 on the powers of the Minister of Social Affairs, Labour and Solidarity;
In view of Decree No. 2002-977 of 12 July 2002 on the powers delegated to the Secretary of State to fight against precariousness and exclusion;
In view of Decree No. 2002-978 of 12 July 2002 on the powers delegated to the Secretary of State for Older Persons;
Having regard to Decree No. 2002-979 of 12 July 2002 on delegated powers to the Minister for the City and Urban Renovation;
Having regard to Decree No. 2002-980 of 12 July 2002 on delegated powers to the Minister for Gender Equality and Professional Equality;
Having regard to Decree No. 2002-981 of 12 July 2002 on delegated responsibilities to the Minister for Research and New Technologies;
Having regard to Decree No. 2002-983 of 12 July 2002 on the powers of the Minister of Equipment, Transport, Housing, Tourism and the Sea;
Having regard to Decree No. 2002-984 of 12 July 2002 on the powers delegated to the Secretary of State for Transport and the Sea;
In view of Decree No. 2002-985 of 12 July 2002 on the powers delegated to the Secretary of State for Tourism;
In accordance with Decree No. 2002-986 of 12 July 2002 on the powers of the Minister of Health, Family and Persons with Disabilities;
In view of Decree No. 2002-987 of 12 July 2002 on the functions delegated to the State Secretary for Persons with Disabilities;
Having regard to Decree No. 2002-988 of 12 July 2002 on delegated powers to the Minister Delegate for the Family;
Considering the advice of the Vice-President of the Council of State,
Stop:

Article 1 Learn more about this article...


Dependent cases are examined by the internal section:
- the Prime Minister, except for the Plan;
- Minister of Interior, Homeland Security and Local Freedoms;
- the guard of the seals, Minister of Justice;
- the Minister of Youth, National Education and Research, except for space;
- the Minister of Culture and Communications, except in respect of the sectors safeguarded;
- the Minister of Public Service, State Reform and Land Management, with regard to State reform and land use planning;
- of the overseas minister;
- Minister of Sports;
- Minister for Local Freedoms;
- Minister Delegate for School Education;
- the Minister for Research and New Technologies, except for space;
- the Secretary of State for Relations with Parliament, spokesman for the Government;
- the Secretary of State for State Reform;
- from the Secretary of State to the real estate programs of justice.

Article 2 Learn more about this article...


Dependent cases are reviewed by the Finance Section:
- Minister for Foreign Affairs;
- the Minister of Defence, except with regard to ex-combatants and war victims;
- the Minister of Economy, Finance and Industry, except for industry, energy and raw materials, posts and telecommunications, small and medium-sized enterprises;
- the Minister of Public Service, State Reform and Land Management, with respect to the public service;
- Minister for Budget and Budget Reform;
- the Minister for European Affairs;
- Minister for Cooperation and Francophonie;
- Minister for Foreign Trade;

- the Secretary of State for small and medium-sized enterprises, trade, crafts, liberal professions and consumption, with regard to trade, crafts, liberal professions and consumption;
- the Secretary of State for Foreign Affairs.

Article 3 Learn more about this article...


Cases dependent on:
- the Prime Minister with regard to the Plan;
- Minister of Social Affairs, Labour and Solidarity, with regard to the policy of the city;
- the Minister of Youth, National Education and Research, with regard to space;
- the Minister of Economy, Finance and Industry, with regard to industry, energy and raw materials, posts and telecommunications, small and medium-sized enterprises;
- Minister of Equipment, Transport, Housing, Tourism and the Sea;
- Minister of Ecology and Sustainable Development;
- Minister of Agriculture, Food, Fisheries and Rural Affairs;
- Minister of Culture and Communication, in respect of the sectors safeguarded;
- Minister Delegate to Industry;
- the Minister for Research and New Technologies, with regard to space;
- Minister Delegate to the City and Urban Renovation;
- the Secretary of State for Sustainable Development;
- from the State Secretary to small and medium-sized enterprises, to trade, crafts, liberal professions and consumption, with regard to small and medium-sized enterprises;
- the Secretary of State for Transport and the Sea;
- State Secretary for Tourism.

Article 4 Learn more about this article...


Dependent cases are examined by the Social Section:
- Minister of Social Affairs, Labour and Solidarity, except with regard to the policy of the city;
- the Minister of Defence, with regard to ex-combatants and war victims;
- Minister of Health, Family and Persons with Disabilities;
- Minister Delegate to the Family;
- Minister Delegate for Parity and Professional Equality;
- the Secretary of State in the fight against precariousness and exclusion;
- of the State Secretary for Persons with Disabilities;
- the Secretary of State for Veterans Affairs;
- State secretary to the elderly.

Article 5 Learn more about this article...


By derogation from the provisions of the preceding articles:
1° Cases of status of government officials and agents as well as state workers are examined by the Finance Section. Status cases concerning the territorial public service are reviewed by the section of the interior, those relating to the hospital public service are reviewed by the social section. Pension cases are reviewed by the Finance Section. When a public service or pension case concerns specially officials of the State under the authority of one of the ministers referred to in Articles 1st, 3 and 4 above, the President of the Finance Section may, in agreement with the President of the Competent Section to hear matters dependent on that Minister, call one of the members of that section to take part, in accordance with the provisions of the second paragraph of Article R. 123-6 of the Administrative Justice Code,
2° Cases relating to social security regimes and labour and employment affairs are examined by the Social Section, including professional relations between employees and employers, although they do not fall under the direct responsibility of the Minister of Social Affairs, Labour and Solidarity or the Minister of Health, Family and Persons with Disabilities.
In the above-mentioned cases, a member of the competent section to deal with matters that are dependent on the Minister in question may be called, under the same conditions as at 1° above with respect to the Finance Section, to participate in the deliberations of the Social Section.

Article 6 Learn more about this article...


The decision of 22 July 1997 concerning the division of affairs between the administrative sections of the Council of State is repealed.

Article 7 Learn more about this article...


The Vice-President of the Council of State is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done in Paris, October 8, 2002.


The Prime Minister,

For the Prime Minister and by delegation:

The Secretary-General of the Government,

Jean-Marc Sauvé

The Seal Guard, Minister of Justice,

Dominica Perben


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